FEDERAL BROADCASTING SYSTEM, INC. v. FEDERAL COMMUNICATIONS COMMISSION

No. 15005.

270 F.2d 914 (1959)

FEDERAL BROADCASTING SYSTEM, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, WHEC, Inc., and Veterans Broadcasting Company, Inc., Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided October 1, 1959.


Attorney(s) appearing for the Case

Mr. Charles F. O'Neall, Washington, D. C., for appellant.

Mrs. Ruth V. Reel, Counsel, Federal Communications Commission, with whom Messrs. Edgar W. Holtz, Acting General Counsel, Federal Communications Commission, and Max D. Paglin, Assistant General Counsel, Federal Communications Commission, were on the brief for appellee. Mr. Jerry M. Hamovit, Counsel, Federal Communications Commission, also entered an appearance for appellee.

Mr. Thomas H. Wall, Washington, D. C., with whom Messrs. John B. Jacob and Jerome H. Heckman, Washington, D. C., were on the brief, for intervenor WHEC, Inc.

Mr. Frank U. Fletcher, Washington, D. C., with whom Mr. Robert L. Heald, Washington, D. C., was on the brief, for intervenor Veterans Broadcasting Company, Inc. Mr. Frank Roberson, Washington, D. C., also entered an appearance for intervenor Veterans Broadcasting Company, Inc.

Before PRETTYMAN, Chief Judge, and FAHY and WASHINGTON, Circuit Judges.


PER CURIAM.

Upon remand to the Commission after our decision in Federal Broadcasting System, Inc. v. F.C.C., 96 U.S.App.D.C. 260, 225 F.2d 560, certiorari denied W. H. E. C. Inc. v. Federal Broadcasting System, 350 U.S. 923, 76 S.Ct. 212, 100 L.Ed. 8081 a full evidentiary hearing was held on Federal's protest, after issues had been duly framed. Findings of fact and conclusions were made, and are included...

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